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(영문) 서울남부지방법원 2013.06.11 2013고단1289
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a BM5 vehicle.

At around 00:20 on March 18, 2013, the Defendant, while driving the said vehicle as his duties while under the influence of alcohol of 0.139% of blood alcohol concentration, and driving the said vehicle at a four-lane road in front of London Do 543-6, Gwanak-gu, Seoul Special Metropolitan City, along with the fourth-lane of the four-lane road in front of the London Do 543-6, the Defendant was negligent in neglecting the duty of the Jeonju City in accordance with the new subparagraph, and received the back part of the part of the victim C(57 years old), which was under the influence of stopping in accordance with the new subparagraph, in the front part of the said SM5 vehicle.

Accordingly, the Defendant got the victim C to suffer injuries, such as salt, tension, etc. in need of medical treatment for about two weeks, and, at the same time, did not immediately stop a vehicle owned by the victim E, and failed to take necessary measures, such as providing relief to the victim, even though the damage was caused to the repair cost amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A traffic accident report;

1. A certificate of drinking alcohol measurement, a written report on driving of a drinking driver, and a written report on the status of a drinking driver;

1. Photographss of damaged vehicles and photographs of skins;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (application of the Fdmark Form), a criminal investigation report (Submission of a written estimate to the victim E), and a criminal investigation report (the extent of the victim C injury);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that discretionary mitigation agreements have been reached with the victims under Articles 53 and 55(1)3 of the Criminal Act;

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